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II Encontro Anual Inves;gao e Desenvolvimento em Cincias Militares (EAI&DCM2019) Nov. 27, 2019, Naval School, Naval Base, Alfeite, Almada Parallel Session AR3 Military Opera,ons Paper No. 24, Presenta,on No. 2, 11:00, Room 4

SLIDE 1

Marco Marsili

UNCLASSIFIED

Centro de Inves,gação, Inovação e Desenvolvimento da Academia Militar (CINAMIL) Centro de Inves,gação e Desenvolvimento do Ins,tuto Universitário Militar (CIDIUM)

Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum. A Tricky Issue

Supported through national funds under grant SFRH/BD/136170/2018

II Encontro Anual Inves;gação e Desenvolvimento em Ciências Militares (EAI&DCM2019)

Nov. 27, 2019, Naval School, Naval Base, Alfeite, Almada

Parallel Session AR3 – Military Opera,ons Paper No. 24, Presenta,on No. 2, 11:00, Room 4

SLIDE 2

Purpose and Scope of the Study

This study aims to raise ques,ons that could be useful to

policymakers and military leaders to open up poli,cal space to get deals done.

The purpose of this contribu,on is not to address the strategic

and/or tac,cal implica,ons of these concepts to the ba\lespace, which this study does not provide any, rather than turning on a light on the risks posed by the lack of standard defini,ons.

This calls into ques,on the tradi,onal division between civil

and military, that is between combatants and non- combatants, and the applica,on of interna,onal law.

It’s not only a holis,c view of the opera,onal environment,

that should be explored, but also the ethical and legal implica,ons should be taken into account.

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 3

The ba\lefield has become undefined and

virtually unlimited.

The NATO is focused on developments in the

field of automa,on, in the integra,on of ar,ficial intelligence, and the design of unmanned vehicles capable of opera,ng in mul,ple domains, and in technological convergence, i.e. the integra,on of mul,ple research fields in the iden,fica,on of the solu,on to a technological challenge.

The high-tech evolu,on of warfare –

ar,ficial intelligence, machine learning, lethal and non-lethal unmanned systems, lethal autonomous weapon systems, supersonic weapons, quantum compu,ng and big data – imposes the need to operate across all domains.

Introduc;on

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 4

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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Tradi;onal (Physical) Opera;onal Domains

Classic domains are generally well understood conceptually, to the extent that joint doctrine does not feel the need to define them.

SLIDE 5

New Warfigh;ng Domains

The tradi,onal par,,on of physical domains of land, air, mari,me – plus the informa,on domain and the electromagne,c spectrum (EMS) – has become obsolete: Ø July 2016 – NATO recognizes cyber a domain of

pera,ons;

Ø June 2019 – NATO approves the first-ever space policy, a step towards the acknowledgment of space as an

pera,onal domain;

Ø August 2019 – U.S. President Donald J. Trump characterizes (outer-)space as a warfigh,ng domain.

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 6

Ques;on

Marco Marsili - Shaping the Holistic Concept of Multi-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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While the doctrine can define more or less

easily these concepts, the ques,on of their legal defini,on has not be addressed and fixed.

Not yet defined the basic term ‘domain’, as well

as the new domains added to the tradi,onal

nes, we are asking what’s aker joint.

SLIDE 7

New concepts of opera,on, fueled by

technological advances, have facilitated interconnec,vity across different domains

f warfare.
We moved quickly from cross-domain to

mul,-domain, without the ,me to define any of the new domains, neither of the classic domains — the doctrine does not provide any defini,on of the basic term ‘domain’.

Mul,-Domain Opera,ons (MDO), is about

how opera,ons are conducted in ,me and space with synchroniza,on of the other domains — converging military capabili,es across the joint force with con,nuous integra,on across mul,ple domains.

From Cross-Domain to Mul;-Domain

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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FM 3-38, Figure 1-2

SLIDE 8

Con;nuum of Domains & Conflict Mul;ple Domain of Opera;ons

Mul,ple Domain of Opera,ons and Con,nuum of Domains and Conflict (CoD/CoC) can be represented with Euler-Venn diagram and formulas.

T=íland, sea, airý Ì MDO MDO=íLand, Sea, Air, Info, Ems, Cyber, Spaceý MDO=Tradi,onal È Info È Ems È Cyber È Space CoD/CoC=Tradi,onal Ç Info Ç Ems Ç Cyber Ç Space

Holistic View of the Continuum of Domains and Conflict

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 9

The two camps – the western of the U.S.-

led NATO, and that of the adversaries, firstly China and Russia – seek to derive mutual benefit from the absence

standards and legally binding norms.

While the space domain involves only the

states, given the necessary capabili,es,

ther domains – e.g., the cyber, the

informa,on, and the EMS – are accessible also to non-state en,,es, such as insurgents and terrorist groups, and this poses further ethical and legal ques,ons that should be ,mely addressed by the interna,onal community.

Posi,ve and customary interna,onal law –

mul,lateral and bilateral trea,es, the law

f war, interna,onal humanitarian law

(IHL) – are put to the test in this challenge.

Challenge

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 10

Conclusions

Before coming to a defini,on of MDO, it is necessary to define non-

tradi,onal domains and the correla,on between domains.

Domain integra,on is an excep,onally tricky issue that poses challenges
n several layers: technological, legal, poli,cal, military, opera,onal,

strategic, tac,cal.

Given the complexity of modern warfare, the field of hybrid and

asymmetric conflicts expands drama,cally, and it should be limited by serng a threshold.

Rules are necessary to impose legal limits on the use of lethal force, to

avoid an escala,on, and to protect civilians.

It is no small ma\er, as it comes to adap,ng the doctrine to current public

interna,onal law, or to modify the la\er to fit the first.

Poli,cal and military leaders are mainly focuses on the development of

strategic and tac,cal concepts, and they neglect the importance of a binding legal framework — this leaves hands free.

The liaison between poli,cal and opera,onal levels in decision-making

process requires that the norms be well defined, also to ensure accountability.

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 11

References

Canovas, J. (2019). Mul,-Domain Opera,ons and Challenges to Air Power. In Joint Air Power Competence Centre [JAPCC]

(Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 47-54). Kalkar: JAPCC.

Dempsey, M. (2015). The Na@onal Military Strategy of the United States of America 2015. Washington, DC: Joint Chiefs of

Staff.

Department of the Army (2014, Feb. 12), Field Manual No. FM 3-38, Cyber Electromagne@c Ac@vi@es, Washington, DC:

Department of the Army.

Donnelly, J. & Farley, J. (2019). Defining the ‘Domain’ in Mul,-Domain. In JAPCC (Ed.), Joint Air & Space Power Conference
2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 7-12). Kalkar: JAPCC.
Marsili, M. (2018, December 18). The Twenty-First Century Conflicts. Poster session and paper presented at the EAI&DCM

2018, Ins,tuto Universitário Militar, Lisboa, Portugal. doi:10.5281/zenodo.1992458; 10.5281/zenodo.2173544.

Marsili, M. (2019a). The High-Tech Evolu,on of Warfare in the Twenty First Century. Considera,ons and Implica,ons on

Policy and Doctrine [manuscript scheduled to be published in Military Cyber Affairs, 4(2)].

Marsili, M. (2019b). The War on Cyberterrorism. Democracy and Security, 15(2), 172-199.

doi: 10.1080/17419166.2018.1496826.

Parkinson, J. (2019). Is Fluidity the Key to Effec,ve Mul,-Domain Opera,ons?. In JAPCC (Ed.), Joint Air & Space Power

Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 39-45). Kalkar: JAPCC.

Reilly, J.M. (2019). Mul,-Domain Opera,ons. In JAPCC (Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for

Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 15-24). Kalkar: JAPCC.

Townsend, S. (2019). Accelera,ng Mul,-Domain Opera,ons: Evolu,on of an Idea. In JAPCC (Ed.), Joint Air & Space Power

Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 27-31). Kalkar: JAPCC.

Väljataga, A. (2018). Tracing Opinio Juris in Na@onal Cyber Security Strategy Documents. Tallin: NATO CCD COE.

Marco Marsili - Shaping the Holistic Concept of Multi-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SLIDE 12

Poster (DOI: 10.5281/zenodo.3473959) presented in Room 1 (11:30-12:00) and extended abstract will be available in the EAI&DCM 2019 proceedings published by IUM

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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SHAPING THE HOLISTIC CONCEPT OF MULTI-DOMAIN IN A LEGAL VACUUM. A TRICKY ISSUE Marco Marsili

IntroducCon

The recogni*on by the US and NATO of ‘new’ domains of opera*ons, namely the cyber and (outer-)space, plus the informa*on and the electromagne*c spectrum (EMS), makes the tradi*onal par**on of physical domains of land, air, mari*me obsolete (Marsili, 2019a). While classic domains are generally well understood conceptually, to the extent that joint doctrine does not feel the need to define them, the new domains are much more difficult to conceptualize and bound within a construc*ve defini*on (Donnelly & Farley, 2019, p. 9).

Framework

Since the cyber has been recognized by NATO as a domain of opera*ons (July 2016), and the Alliance has approved the first-ever space policy (June 2019) – a step towards the acknowledgment of space as a warfigh*ng domain, as President Trump has officially characterized it (August 2019) – the doctrine has speeded the integra*on of all domains (Marsili, 2019a). The concept of cross-domain opera*ons is not new, but mul*-domain has increased in popularity over the past decade as military services, those of the US, inter alia, have sought to codify their approach to warfare beyond the tradi*onal confines of land, sea, and air (Marsili, 2019; Reilly, 2019, p. 16). What they are commiZed to are converging military capabili*es across the joint force with con*nuous integra*on across mul*ple domains (Marsili, 2019a; Townsend, 2019, p. 29).

Challenges

The discussion about ‘Mul*-Domain Opera*ons’ (MDO), i.e. how opera*ons are conducted in *me and space with synchroniza*on of the other domains, has been s*mulated since new domains such as the cyber and space have emerged next to the tradi*onal domains of air, land and sea — emerging and disrup*ve technologies have further complicated the opera*onal environment (OE). We then moved quickly from a concept of cross-domain to mul*-domain (Marsili, 2019), without the *me to define any of the new domains — neither

f the classic domains. Rather, the doctrine does not provide us with any

defini*on of the basic term ‘domain’, and this further complicates the

scenario. Before coming to a defini*on of ‘Mul*-Domain Opera*ons’, it is

necessary to define, not only the correla*on between domains, but also the same non-tradi*onal domains (Marsili, 2019). The baZlefield has become undefined, and virtually unlimited (Marsili, 2019b,

p. 191). The high-tech evolu*on of warfare – ar*ficial intelligence (AI),

machine learning (ML), lethal and non-lethal unmanned systems, lethal autonomous weapon systems (LAWS), quantum compu*ng and big data, to name a few – imposes the need to operate across all domains (Marsili, 2019). Not yet defined the basic term ‘domain’, as well as the new domains added to the tradi*onal ones, we are asking what’s a`er joint. It is like making a double somersault pike with screwing immediately a`er learning leapfrogging. While the doctrine can define more or less easily these concepts, the ques*on

f their legal defini*on it has yet to be addressed and fixed (Marsili, 2019ab). It

is no small maZer, as it comes to adap*ng the doctrine to current public interna*onal law, or to modify the laZer to fit the first — in this case, the problem would be very difficult to solve. Posi*ve and customary interna*onal law – mul*lateral and bilateral trea*es, the law of war, interna*onal humanitarian law (IHL) – are put to the test in this challenge (Marsili, 2018). Given the complexity of modern warfare, the field of hybrid and asymmetric conflicts expands drama*cally, and it should be limited by seeng a threshold (Väljataga, 2018; Marsili, 2019a). Rules are necessary to impose legal limits on the use of lethal force, to avoid an escala*on, and to protect civilians (Marsili, 2019a; 2019b). Moreover, while the space domain involves only the states, given the necessary capabili*es, other domains – e.g., the cyber, the informa*on, and the EMS – are accessible also to non-state en**es, such as insurgents and terrorist groups, and this poses further ethical and legal ques*ons that should be *mely addressed by the interna*onal community (Marsili, 2019a; 2019b). Mul*ple domain of opera*ons and Con*nuum of domains and conflict (CoD/CoC) can be represented with Euler-Venn diagram and formulas: New concepts of opera*on, fueled by technological advances, have facilitated interconnec*vity across different domains of warfare (Marsili 2019; Canovas, 2019, p. 47). It’s not only the capacity to integrate and

perate in all domains simultaneously to get the greatest advantage

possible against adversaries. The two camps – the western of the US-led NATO, and that of the adversaries, firstly China and Russia – seek to derive mutual benefit from the absence of standards and legally binding norms. The North Atlan*c Alliance is also focused on developments in the field of automa*on, in the integra*on of AI and the design of unmanned vehicles capable

f
pera*ng

in mul*ple domains, and in technological convergence, i.e. the integra*on of mul*ple research fields in the iden*fica*on of the solu*on to a technological challenge (Marsili, 2019). Therefore, domain integra*on is an excep*onally tricky issue that poses challenges on several layers: technological, legal, poli*cal, military,

pera*onal, strategic, tac*cal (Marsili, 2019).

The purpose of this contribu*on is not to address the strategic and/or tac*cal implica*ons of these concepts to the baZlespace, which this paper does not provide any, rather than turning on a light on the risks posed by the lack of standard defini*ons (Marsili, 2019ab). This also calls into ques*on the tradi*onal division between civil and military, that is between combatants and non-combatants, and the consequent applica*on of interna*onal law (Marsili, 2018; 2019a; 2019b). Therefore, it’s not only a holis*c view of the OE, that should be explored, but also the ethical and legal implica*ons should be taken into account (Marsili, 2018; 2019a; 2019b).

Conclusions

Poli*cal and military leaders are mainly focuses on the development of strategic and tac*cal concepts, and they neglect the importance of a binding legal framework — this leaves hands free. The liaison between poli*cal and opera*onal levels in decision-making process requires that the norms be well defined, also to ensure accountability (Marsili, 2019a). This paper aims to raise ques*ons that could be useful to policymakers and military leaders to open up poli*cal space to get deals done.

References

Canovas, J. (2019). Mul*-Domain Opera*ons and Challenges to Air Power. In Joint Air Power Competence Centre [JAPCC] (Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 47-54). Kalkar: JAPCC. Dempsey, M. (2015). The Na@onal Military Strategy of the United States of America 2015. Washington, DC: Joint Chiefs of Staff. Donnelly, J. & Farley, J. (2019). Defining the ‘Domain’ in Mul*-Domain. In JAPCC (Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the

Future. Read Ahead (pp. 7-12). Kalkar: JAPCC.

Marsili, M. (2018, December 18). The Twenty-First Century Conflicts. Poster session and paper presented at the EAI&DCM 2018, Ins*tuto Universitário Militar, Lisboa, Portugal. doi:10.5281/zenodo.1992458; 10.5281/zenodo.2173544. Marsili, M. (2019a). The High-Tech Evolu*on of Warfare in the Twenty First Century. Considera*ons and Implica*ons on Policy and Doctrine [manuscript scheduled to be published in Military Cyber Affairs, 4(2)]. Marsili, M. (2019b). The War on Cyberterrorism. Democracy and Security, 15(2), 172-199. doi: 10.1080/17419166.2018.1496826. Parkinson, J. (2019). Is Fluidity the Key to Effec*ve Mul*-Domain Opera*ons?. In JAPCC (Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 39-45). Kalkar: JAPCC. Reilly, J.M. (2019). Mul*-Domain Opera*ons. In JAPCC (Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 15- 24). Kalkar: JAPCC. Townsend, S. (2019). Accelera*ng Mul*-Domain Opera*ons: Evolu*on of an Idea. In JAPCC (Ed.), Joint Air & Space Power Conference 2019. Shaping NATO for Mul@-Domain Opera@ons of the Future. Read Ahead (pp. 27-31). Kalkar: JAPCC. Väljataga, A. (2018). Tracing Opinio Juris in Na@onal Cyber Security Strategy Documents. Tallin: NATO CCD COE. DOI: 10.5281/zenodo.3473959 UNCLASSIFIED Marco Marsili hZp://www.marcomarsili.it Email: info@marcomarsili.it TwiZer: @marcomarsili1 Facebook: @marco.marsili1 MulCple Domain OperaCons: HolisCc View of the ConCnuum of Domains and Conflict T=íland, sea, airý Ì MDO; MDO=íLand, Sea, Air, Info, Ems, Cyber, Spaceý; MDO=Tradi*onalÈInfoÈEmsÈCyberÈSpace; CoD/CoC=Tradi*onalÇInfoÇEmsÇCyberÇSpace. For a discussion on the visual representa*on of the con*nuum, see e.g.: Dempsey (2015, p. 4); Parkinson (2019, p. 42); Donnelly & Farley (2019, p. 9). Poster presented at the II Encontro Anual Inves*gação e Desenvolvimento em Ciências Militares (EAI&DCM2019), Nov. 27, 2019, Escola Naval, Almada, Portugal Poster supported by Fundação para a Ciência e a Tecnologia (FCT) through na*onal funds under grant SFRH/BD/136170/2018

SLIDE 13

Thanks for your kind aZen;on

Thanks for your attention Obrigado pela atenção

La commedia è finita!

SLIDE 14

Skype: marcomarsili
Twi\er: @marcomarsili1
Telegram: @MarcoMarsili
Facebook :@marco.marsili1
E-mail: info@marcomarsili.it
Site: h\p://www.marcomarsili.it

DOI: 10.5281/zenodo.3553466

Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2)

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